Sonia Perez Matias v. Eric H Holder, Jr.

416 F. App'x 582

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 9, 2011
• Docket: 10-3267
• Status: Unpublished

Opinion

PER CURIAM.

Guatemalan citizen Ms. Sonia Floridalma Perez Matías petitions for review of an order of the Board of Immigration Appeals that affirmed an immigration judge’s denial of asylum and withholding of removal. We lack jurisdiction to review the determination that Ms. Matias’s asylum application was barred as untimely filed. See 8 U.S.C. § 1158(a)(3); Ngure v. Ashcroft, 367 F.3d 975, 989 (8th Cir.2004). After careful review, we conclude the denial of withholding of removal is supported by substantial evidence in the record because Ms. Matías did not meet her burden to show a “clear probability” that she would face persecution on account of a protected ground if she were returned to Guatemala. See Ming Ming Wijono v. Gonzales, 439 F.3d 868, 872, 874 (8th Cir. 2006) (standard of review).

Accordingly, we deny the petition for review.